0
Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Is a son in law a next of kin?
A son-in-law is not considered a next of kin in the legal sense. Next of kin typically refers to a person's closest living blood relatives, such as a spouse, children, parents, or siblings. However, the relationship with a son-in-law can still be important in familial matters.
You need to consult with an attorney who specializes in probate in your jurisdiction who can review your situation and explain your options. It may depend on how the real estate was titled. If the property was in your father's name then you may be entitled to a share. His estate must be probated. If there is no will that can be found then an administrator must be appointed by the court. You need legal advice from a professional who knows all the facts, can check on the title of the real estate and can apply the laws in your state.
If your brother survived your parent and has inherited a share in the property he can make a will leaving his interest to his girlfriend. In fact, that's exactly what he should do if he wants her to have his share in the event of his death. Otherwise, his share would pass according to the state laws of intestacy to his heirs at law. Generally, his heirs at law would be his spouse and children or if he has none, his siblings.
In Texas must a handwritten will be notarized?
In Texas, a handwritten will, also known as a holographic will, does not need to be notarized to be valid. However, the will must be entirely in the handwriting of the testator and signed by them to be legally binding.
Can notary witness quit claim deed Florida?
Yes, at least in Florida. Even in the recorder's office, the recorder, who is also a notary public will witness the document and proceeds to notarize it himself. A power of attorney is a totally different case. Also, if the notary is notarizing the signatures of the winesses in any ddocument, he cannot be a winess himself.
What does heir to heir mean in a will?
"Heir to heir" in a will means that a person is designated as the beneficiary or inheritor of assets who, in turn, designates another person as their beneficiary or inheritor. It establishes a succession plan for the assets to pass from one designated person to another.
Why are laws of inheritance are necessary?
Laws of inheritance are necessary primarily because the world needs a way to know the identity of the new owner of property when the owner dies without leaving their instructions in a will. They provide an orderly passage of title to property.
However, in some areas of the world, laws of inheritance have been used historically to disinherit women and to prevent women from owning property. Those type of inheritance laws are necessary only to protect male dominance in patriarchal societies.
Does your heir at law have the same mother and father?
Siblings have the same parents. Heirs-at-law are all the people who would inherit your property according to your state laws of intestacy if you died without a will. They are listed generally as follows:
- your spouse, in some jurisdictions, your spouse and children
- if no spouse your children
- if no children your parents
- if no parents your siblings
- if siblings are deceased, their children
- and on and on
You can check the laws of your state at the related question link provided below.
You have a handwritten will. What other forms do you need to settle your cousins estate?
Generally, you need to take the will and a certified copy of the death certificate to the probate court and petition to be appointed the executor of the estate unless some other person is named as executor in the will. The court will provide the necessary documents for filing and also provide instructions for publishing a notice and notifying the heirs at law and beneficiaries under the will. The will must be examined by the court and if found to be valid it will be allowed and the petitioner will be appointed if there are no objections. If there are substantial assets or real estate you should consult with an attorney who specializes in probate law.
If property is left to the fathers children undivided can one of the children be disinhereted?
Your question is somewhat unclear. If you question whether one of the children can be left out after the parent has died the answer is no. If the father left the property to all his children then each has an undivided interest in the property and no child was disinherited. That means each has the right to the use and possession of the property. If the property is sold and there are five children, each will receive one-fifth of the net proceeds.
If your question is whether a parent can disinherit a child, the answer is generally yes if the child is an adult. You must check your state laws to determine how a will must be drafted to effectively disinherit an adult child. In some states, if the will is not properly drafted, the court will decide the child was simply forgotten and will then distribute share to that child.
Minor children cannot be disinherited.
Can a Florida notary also witness a will?
No, in Florida a notary public cannot act as a witness for a will. Witnesses for a will must be individuals who do not have a personal interest in the will and meet specific legal requirements outlined in the Florida statutes.
You are very confused about trusts and executors and mixing your terms. The decision to transfer your property to a trust is an estate planning tool. Property that has been properly transferred to a valid trust does not become part of the probate estate of a decedent because that property is owned by the trust. Property owned by a trust is managed by the trustee according to the provisions set forth in the trust. While trusts can determine the distribution of trust assets a trust cannot "appoint an executor". It doesn't need to because there is no estate in the trust grantor. An executor distributes assets under a will. The trustee distributes assets owned by a trust.
Generally, an executor is the person named in a will to supervise the settling of an estate. If the estate contains any probate assets the will must be probated and the executor must be appointed by the court. Once appointed, the court issues Letters Testamentary in the executor's name. The Letters provide the executor with the authority to settle the estate. An estate that contains real property must be probated in order for title to the property to pass to the heirs legally. When a person has transferred all their property to a trust while living then there is no estate to probate at death.
Now remember, executors are named in wills by testators and/or appointed by courts. Trustees are named by trustors in trust documents and manage trusts.
Is it illegal to change the mailing address of a deceased person?
On death all relationships would be terminated, so a deceased person should not be getting any mail - all relevant parties - government authorities, pension providers, utility and finance organisations etc should be notified.
There might however be correspondence arriving from the fact of the death, those items should the addressed to 'the estate of' the deceased or the person winding up the estate (in his or her own name).
A Different PerspectiveA court appointed executor or administrator would have the authority to submit a change of address at the post office to redirect mail to the fiduciary who is in charge of settling the estate especially if the fiduciary resides at some distance from the decedent.
Does a trustee have to follow the will?
Yes.
A will must be probated in order for it to be approved by the court and for the court to appoint an executor. If a trust is set up in a will (testamentary trust) then the court must officially appoint the trustee also. The executor and the trustee must follow the provisions in the will, the testamentary trust and the state probate laws under the supervision of the court.
Both the executor and the trustee must follow the provisions of the will and the trust set forth in the will exactly. They have no power to change anything. If they fail to act efficiently they should be reported to the court and replaced. They have no other power except that provided by the will and the court.
How is duress different from undue influence?
The difference is a matter of degree and the position of the person who commits the action.
Duress results from threats, violence, constraints or some other action intended to force someone to do something against their will or better judgment.
Undue influence is pressure, often masked, by a person who occupies a position of trust and confidence regarding a testator.
What rights does a surviving spouse in have in Ohio if the deceased had no estate?
In Ohio, a surviving spouse may have rights to a family allowance, exempt property, and a share of the deceased spouse's estate if there were children from a previous relationship. Depending on the circumstances, the surviving spouse may also have rights to social security benefits or life insurance proceeds.
1. The creation of a new will.
2. Marriage (as to the spouse).
3. Incompetence of the testator as designated by a Physician.
4. Undue influence.
5. Fraud.
6. A will that does not meet the technical requirements for a valid will.
7. Discrepancies.
There are other, more complex ways to make a will invalid, however, these are the most basic ones.
Is the eldest child the next of kin in law?
No. Most Western countries have probate codes that distribute property equally among children if there is no will and no surviving spouse. There are some less developed legal systems in other countries that may still favor the eldest son. You need to check the laws in your particular country or jurisdiction.
In the United States all issue of a decedent would be his heirs-at-law and next-of-kin, not just the eldest. That would include the children of any child who predeceased the decedent. You can check the intestacy laws of your state at the related question link below. Each state has laws that determine next-of-kin.
What rights do you have in your husband's estate as an estranged wife?
As long as there was no divorce an "estranged" wife would be the surviving spouse. The surviving spouse has the right to all the decedent's property in some states, and the right to a portion in others. You can check your state laws of intestacy at the related question link provided below.
How did fathers gain power over their families?
Through marriage, man-made patriarchal religious doctrines, forbidding the education of daughters, male centered laws, superior strength, subordinating women in order to take control of their property, domestic abuse, etc.
What is the difference between a will and a testament?
A will is simply a legal instruction about the disposition of an estate. A testament is a final statement, which may be philosophical rather than legal in nature. It is my last wish that my two sons, Larry and Harry, will finally stop fighting with each other and will accept each other as brothers and friends in a dangerous world. A house divided against itself will not stand. Do not weep for me, my life was a long and a productive one, and I am going to a better place. Farewell.
Can a sister-in-law who has Power of Attorney change the beneficiary who is the separated wife?
A "separated wife" is still married. An attorney-in-fact cannot make changes to a will. An attorney-in-fact should not make changes in beneficiaries of insurance policies unless done at the express request of the principal. Otherwise those changes will be vulnerable to challenges in court. A surviving spouse cannot be disinherited in most jurisdictions. They would be entitled to a statutory share of the estate even if disinherited in the will.
What is property that descends to an heir called?
A gift of real property by will is called a devise.
How do you establish conservatorship?
To establish conservatorship, you generally need to file a petition with the court outlining the reasons why it is necessary for someone to be appointed as a conservator for an individual who is unable to care for themselves or manage their affairs. The court will then hold a hearing to determine if conservatorship is appropriate based on the evidence provided. If the court agrees, it will issue an order appointing a conservator.
Is my brothers wife an heir to my sisters property?
Your brother's wife is not an heir to your sister's property unless she is named in a will. Your brother might be such an heir if there is no will or if a will does not explicitly exclude him. If your brother dies after your sister died, then his estate would be an heir to her property and his widow, as heir to part of his estate, might receive an interest in your sister's property.
Consult an Attorney who specializes in wills and estates. The laws of each state can be different enough that the real answer could be different depending on which state your sister was a resident of when she died.
